ROSEDALE MISSIONARY BAPTIST v. NEW ORLEANS CITY

No. 09-31110.

641 F.3d 86 (2011)

ROSEDALE MISSIONARY BAPTIST CHURCH, Plaintiff-Appellee, v. NEW ORLEANS CITY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 5, 2011.


Attorney(s) appearing for the Case

Henry L. Klein (argued), New Orleans, LA, for Plaintiff-Appellee.

Franz L. Zibilich (argued), Joyce Gerdes Joseph , James Bryan Mullaly , Brenda Breaux, Law Dept., New Orleans, LA, for Defendant-Appellant.

Before SMITH, WIENER, and OWEN, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

The City of New Orleans appeals a jury verdict for Rosedale Missionary Baptist Church finding that the city violated the church's Fourteenth Amendment right to due process by demolishing the church building without notice. Because the church raises only a procedural due process claim, and the resolution of that claim depends on the resolution of the church's state court takings claim, we reverse the judgment and render a judgment of...

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